Mar 29, 2024  
2018-2019 Course Catalog 
    
2018-2019 Course Catalog [ARCHIVED CATALOG]

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PRL 182 - Mediation

Credits: 3
Lecture Hours: 3
Lab Hours: 0
Practicum Hours: 0
Work Experience: 0
Course Type: Open
Classroom study of mediating legal disputes. Students will study the purposes of mediation using “objective” criteria, impediments to resolution, moving beyond impasse and reaching an agreement.
Prerequisite: PRL 103 , PRL 112  and/or instructor permission
Competencies
  1. Define mediation
    1. Distinguish mediation from arbitration and other forms of dispute resolution
    2. Recognize situations where mediation would be helpful
  2. Describe appropriate ground rules and explain their importance to the mediation process
    1. Explain the importance of the neutrality of the mediator.
    2. Create a mediators opening statement
  3. Explain the strengths and weaknesses of the caucus as a mediation technique
    1. Define confidentiality and explain its importance in the mediation process
    2. Illustrate possible situations where mediation should be terminated by the mediator
  4. Distinguish between emotional and practical impediments to mediation
    1. Explain how emotional impediments to resolution are critical factors in resolving a dispute
    2. Describe how a mediator might deal with various emotional issues
  5. Distinguish between a parties stated position and the underlying interest behind that position
    1. Recognize a party’s true interests
    2. State techniques for uncovering real interests
  6. Explain the importance of using objective criteria in resolving a dispute
  7. Define BATNA
  8. Explain and illustrate various techniques for resolving impasses
    1. Discuss the value of third party assistance
    2. Examine the negative consequences of failure to reach agreement
    3. Explain the technique of “brain storming.”
  9. Write an agreement
  10. Discuss follow-up procedures
  11. Discuss selected ethical codes as applied to mediation



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